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:: 1 :: TA 7363/2020

CENTRAL ADMINISTRATIVE TRIBUNAL

JAMMU BENCH, JAMMU

(RESERVED)

Hearing through video conferencing

Transfer Application No. 7363/2020

Reserved on: - 01.09.2025

Pronounced on: - 19.12.2025

HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

HON’BLE MR. RAM MOHAN JOHRI, MEMBER (A)

Anil kumar Bhat, Age 27 years, S/O Sh. Maharaj Krishan Bhat, R/O

Village sagam Tehsil Kokernag A/P H.No. 38, sector no. 7, EWS Colony

Lower Roop Nagar Jammu.

…Applicant

(Advocate: - Ms. Shivani Jalali)

Versus

1. State of Jammu & Kashmir, Through Commissioner/Secretary

Relief& Rehabilitation, Revenue Civil Secretariat, Jammu.

2.Chairman, J&K Service Selection Recruitment Board, Shekari

Bhawan, Panama Chowk, Jammu

3. Secretary, J&K Service Selection Recruitment Board, Shekari

Bhawan, Panama Chowk, Jammu.

4. Aneesh Dhar S/o Ravinder Kumar Dhar R/o Numar, Gandharbal.

5. Kulvinder Tickoo S/o Chand Ji Tickoo R/o Handwara.

6. Sidarth Kaw S/o Bushan Kaw R/O Khirnanhanood, Hindwara. 7.

)Surinder Ajit Talshi, S/o Triloki Nath Talshi, R/o WhallaRhama,

Phalengam Anantnag..

8. Sanjay Hangloo S/o Makhan lal Hangloo. R/o Kaiol, Pulwama.

…Respondents

(Advocate: - Mr. Rajesh Thappa, AAG, Mr. Hunar Gupta, DAG, Mr.

Priyanshu Sharma for pvt. Respondents.

HARSHIT Digitally signed

by HARSHIT

YADAV

YADAV

:: 2 :: TA 7363/2020

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.4468/2019 was transferred from the Hon’ble High Court

of Jammu & Kashmir at Jammu and was registered as T.A

No.7363/2020 by the Registry of this Tribunal.

2. The present matter was filed before the Hon’ble High Court seeking

following relief:

a) “Writ of Certiorari quashing the selection of the respondent no

4 to 8 made by the respondent no 2 and 3 pursuant to the

advertisement notification No. 1 of 2012 dated 19.7.2012 for

the post of data entry operator in the department of Finance

divisional cadre Kashmir for Kashmiri migrants under Prime

Minister special package being less meritorious then the

petitioner have been selected as data entry operator in the

department of Finance.

b) With further writ of mandamus commanding the respondents to

select the petitioner being eligible and more meritorious then

the private respondents as data entry operator in the department

of Finance against item no 54.

c) With further writ of mandamus commanding the respondent no

3 to consider the merit of petitioner and process the selection.

d) Any other relief which the Hon'ble Court may deem just and

proper in the facts and circumstances of the case may please be

passed in favour of the petitioner.”

3. The facts of the case as pleaded by the petitioner in his pleadings are

as follows: -

a) The present Transfer Application arises out of SWP No.

4468/2019, which was initially filed before the Hon’ble High

HARSHIT Digitally signed

by HARSHIT

YADAV

YADAV

:: 3 :: TA 7363/2020

Court of Jammu & Kashmir and, upon transfer, was registered

as TA No. 7363/2020 before this Tribunal. The applicant claims

to be a permanent resident of the erstwhile State of Jammu &

Kashmir and a Kashmiri migrant, entitled to the benefits

flowing from the Prime Minister’s Special Package announced

for the rehabilitation and employment of displaced Kashmiri

migrants

b) Pursuant to the aforesaid package, the Jammu & Kashmir

Services Selection Board issued Advertisement Notification

No. 01 of 2012 dated 19.07.2012, inviting applications for a

total of 1443 posts in various departments as Divisional Cadre

posts for Kashmir Division. Among these were posts of Data

Entry Operator advertised under Item No. 41 (Relief &

Rehabilitation Department), Item No. 54 (Finance Department),

and Item No. 60 (Social Welfare Department). The breakup of

vacancies included 13 posts in the Finance Department (Open

Merit), 4 posts in the Social Welfare Department (Open Merit),

and 2 posts in the Relief & Rehabilitation Department (Open

Merit). The prescribed minimum qualification for the post of

Data Entry Operator was 10+2 with “O” Level or ITI certificate

in computer-related activities.

HARSHIT Digitally sig